LAWS(GJH)-2009-11-33

TRILOCHANIBEN MANOJKUMAR PATEL Vs. STATE OF GUJARAT

Decided On November 18, 2009
TRILOCHANIBEN MANOJKUMAR PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS revision under Sec. 397 read with Sec. 401 of Code of Criminal Procedure has been filed by the applicant-original complainant for quashing and set aside the order dated 17-8-2009 passed by the learned Addl. Sessions Judge and Fast Track Court Court No. 5, Ahmedabad (Rural), Ahmedabad, whereby the present respondent No. 2-accused was released on bail by the court below.

(2.) THE facts in short are that a complaint was filed by the complainant inter alia alleging that the respondent No. 2-accused as well as the victim with her family were residing in the same society since last 14 years. It is alleged that the respondent No. 2-accused used to come to the house of the victim and the victim was being tempted and enticed by the respondent No. 2-accused since 2006 when she was 14 years of age. It was alleged that the accused took obscene photographs and clippings of the victim and put it on the website. With the help of these obscene photographs and clippings, the respondent No. 2-accused used to blackmail the victim and when the accused, who was in Bangalore, came to Ahmedabad, he came to her and compelled her to have sexual intercourses with him and also took photographs of these obscene acts. It was further alleged that he started demanding money from the victim and the victim was compelled to give her golden ring worth Rs. 30,000/ -. When it was learnt that her obscene photographs were put on the website, the victim told her father and mother and thereafter, the complaint was lodged by the complainant before the Satellite Police Station for the offences punishable under Secs. 366, 376, 387 388, 120-b, 506 (1), 507 of IPC and Secs. 65, 66, 67 of Information Technology Act which was registered as Crime Register No. I. 320 of 2009 at Satellite Police Station. The Investigating Officer at the end of investigation filed the charge sheet against the accused.

(3.) THE respondent No. 2-accused on his arrest preferred Cri. Misc. Appln. No. 804 of 2009 for being released on bail. The learned Addl. Sessions Judge and Fast Track Court Court No. 5, Ahmedabad (Rural), Ahmedabad, vide order dated 17-8-2009 released the respondent No. 2-accused on bail. Hence, the present revision by the original complainant for cancellation of said bail.